Florida
ACCESS NORTH GEORGIA
Appeals court sides with Navy in Florida pollution case
October 31, 2003
The city of Jacksonville, Fla., cannot fine the U.S. Navy $2.5 million
for past violations of air pollution control laws, a federal appeals
court ruled.
A three-judge panel of the 11th U.S. Circuit Court of Appeals said the
federal Clean Air Act does not waive a U.S. government agencys sovereign
immunity against punitive fines imposed by a local government.
Jacksonville said Navy facilities there violated various state and local
air pollution regulations from 1996 through 2001, including failure to
comply with vapor pressure requirements for various solvents,
record-keeping and testing requirements.
The city filed a complaint in state court in March 2001, seeking
penalties of $10,000 for each past violation. The complaint alleged more
than 250 violations, but it made no claim of continuing air pollution
violations.
This article can be viewed at:
http://www.accessnorthga.com/news/ap_newfullstory.asp?ID=23357
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